Hi,
Is it right for a private company to issue the GPA Claim Cheque in favor of 'DECEASED' when the claim form has been submitted by the Mother of the Deceased. There is no issues with legality or hassle for the Mother to claim the GPA amount. During the processing of the GPA Claim, the company did assure verbally that cheque will be in favor of Mother and they are in talks with the Insurance Company. Later without giving any reasonable reason, they have released the cheque in favor of Deceased and are not entertaining the ply of reissuing the cheque in favor of the claimant i.e. Mother of the Deceased.
Thanks,
From India, Mumbai
Is it right for a private company to issue the GPA Claim Cheque in favor of 'DECEASED' when the claim form has been submitted by the Mother of the Deceased. There is no issues with legality or hassle for the Mother to claim the GPA amount. During the processing of the GPA Claim, the company did assure verbally that cheque will be in favor of Mother and they are in talks with the Insurance Company. Later without giving any reasonable reason, they have released the cheque in favor of Deceased and are not entertaining the ply of reissuing the cheque in favor of the claimant i.e. Mother of the Deceased.
Thanks,
From India, Mumbai
Hi Laks_iyer,
Almost all the insurance companies, be it government or Private at the time of covering Insurance gives all big big promises, but at the time of giving claims, they give all excuses. You could approach OMBUDSMAN CENTER. It is a government Body, who helps to solve all your problem, related to claim.
You could also note once the complain is registered with this body the matter will be taken up with 24 hours. Most of the People get feedup following up with the Insurance companies and give up. SO please check for local OMBUDSMAN CENTER and register a complain with them and see how fast the Insurance company address your problem. If they don't do so then they could even lose their license.
Regards
Anita
From India, Mumbai
127Almost all the insurance companies, be it government or Private at the time of covering Insurance gives all big big promises, but at the time of giving claims, they give all excuses. You could approach OMBUDSMAN CENTER. It is a government Body, who helps to solve all your problem, related to claim.
You could also note once the complain is registered with this body the matter will be taken up with 24 hours. Most of the People get feedup following up with the Insurance companies and give up. SO please check for local OMBUDSMAN CENTER and register a complain with them and see how fast the Insurance company address your problem. If they don't do so then they could even lose their license.
Regards
Anita
From India, Mumbai
Hi Anita,
Thanks for the note. My issue is with the Company where the Deceased was working. The Insurance Company has cleared the GPA claim file and issued the cheque in favor of the Insured which is the Company. Thereafter the Company should have issued the cheque in favor of Deceased Mother as the claim documentation was signed and completed by Deceased Mother. Notwithstanding this, the Company seems to be purposely have issued the Claim Cheque favoring the Deceased. The Company's HR and Finance are with deaf ears!!
Is there any place (authority) where I can take this matter up.
Best regards,
Laks
From India, Mumbai
Thanks for the note. My issue is with the Company where the Deceased was working. The Insurance Company has cleared the GPA claim file and issued the cheque in favor of the Insured which is the Company. Thereafter the Company should have issued the cheque in favor of Deceased Mother as the claim documentation was signed and completed by Deceased Mother. Notwithstanding this, the Company seems to be purposely have issued the Claim Cheque favoring the Deceased. The Company's HR and Finance are with deaf ears!!
Is there any place (authority) where I can take this matter up.
Best regards,
Laks
From India, Mumbai
Hi Laks_iyer,
Could you please tell me if the Insurance company is a private or a govt one? and if the concerned person had put his mother as a nominee, if yes then the cheque has to be in the mother's name.I would suggest that you go personally to the company and give them a affidavit stating the person claiming the money is legally the nominee of the said fund. When you visit them find out the insurance company who has covered this insurance, you could contact the OMBUDSMAN CENTER and have a word with them they will guide you.
Most of the companies play is safe as there are many cases where the fund was given to an individual and later on other's came to claim for the said fund.
Regards
Anita
From India, Mumbai
Could you please tell me if the Insurance company is a private or a govt one? and if the concerned person had put his mother as a nominee, if yes then the cheque has to be in the mother's name.I would suggest that you go personally to the company and give them a affidavit stating the person claiming the money is legally the nominee of the said fund. When you visit them find out the insurance company who has covered this insurance, you could contact the OMBUDSMAN CENTER and have a word with them they will guide you.
Most of the companies play is safe as there are many cases where the fund was given to an individual and later on other's came to claim for the said fund.
Regards
Anita
From India, Mumbai
Dear Laks,
First of all tell us whether -
1. the deceased was married or not, if yes and surviving what happened to the surviving spouse and children if any ? They are the ones legally vested with the right to claim.
2. did the deceased file any nomination papers when was alive, if so in whose favour. If there is a nomination paper the payment should have been paid to the nominee or divided between the immediate surviving family members as per the Act or upon obtaining NOCs from these family members.
3. there is no meaning issuing the cheque in the name of the deceased as he/she is no more and the claim itself became payable only because of the death of the deceased. It is irresponsible way of settling a death claim. Which idiot will issue a funeral expenses cheque in favour of the corpse ?
kumar.s.
From India, Bangalore
First of all tell us whether -
1. the deceased was married or not, if yes and surviving what happened to the surviving spouse and children if any ? They are the ones legally vested with the right to claim.
2. did the deceased file any nomination papers when was alive, if so in whose favour. If there is a nomination paper the payment should have been paid to the nominee or divided between the immediate surviving family members as per the Act or upon obtaining NOCs from these family members.
3. there is no meaning issuing the cheque in the name of the deceased as he/she is no more and the claim itself became payable only because of the death of the deceased. It is irresponsible way of settling a death claim. Which idiot will issue a funeral expenses cheque in favour of the corpse ?
kumar.s.
From India, Bangalore
Dear Laks,
It is rightly said by Mr. Kumar, they are acting very irresponsibly, infact it is an insult of the deceased person. Laks do one thing you right a letter stating so and also attached the affidavit stating the cheque should be issued in the name to the mother is the sole nominee, attache the issued cheque with the letter. Send a registered post so that you have an acknowledgement, but do remove the xerox Copy of the cheque and the letter for further reference. Also ask them to give in writing that they cannot issue the cheque in the name of the nominee.
Once you get a reply you could collect this as proof and approach the consumer court, as it is breach of court, as no one can do so in the name of the deceased person. I would also like to request you to give me the details of the company and the insurance organization, I could check out and let you know if there is any concerned person who can be approached.
Regards
Anita
From India, Mumbai
It is rightly said by Mr. Kumar, they are acting very irresponsibly, infact it is an insult of the deceased person. Laks do one thing you right a letter stating so and also attached the affidavit stating the cheque should be issued in the name to the mother is the sole nominee, attache the issued cheque with the letter. Send a registered post so that you have an acknowledgement, but do remove the xerox Copy of the cheque and the letter for further reference. Also ask them to give in writing that they cannot issue the cheque in the name of the nominee.
Once you get a reply you could collect this as proof and approach the consumer court, as it is breach of court, as no one can do so in the name of the deceased person. I would also like to request you to give me the details of the company and the insurance organization, I could check out and let you know if there is any concerned person who can be approached.
Regards
Anita
From India, Mumbai
Hello Laks,,
Like S Kumar pointed-out, there's one very crucial aspect missing in your posting--is the deceased married?
When the company agreed verbally that the cheque will be given in the mother's name, WHY did they change 'unilaterally' later?
Also, was any effort put to get to the reason(s) for this change-of-stand by the company?
Also, APART from the Nomination in the insurance papers by the deceased, pl confirm IF the deceased has given any Nomination @ bank, while opening the account. If yes, on whose name is the nomination?
Rgds,
TS
From India, Hyderabad
Like S Kumar pointed-out, there's one very crucial aspect missing in your posting--is the deceased married?
When the company agreed verbally that the cheque will be given in the mother's name, WHY did they change 'unilaterally' later?
Also, was any effort put to get to the reason(s) for this change-of-stand by the company?
Also, APART from the Nomination in the insurance papers by the deceased, pl confirm IF the deceased has given any Nomination @ bank, while opening the account. If yes, on whose name is the nomination?
Rgds,
TS
From India, Hyderabad
It is not clear whether the death was in the course of employment or out of employment hours, whether legal heirship documents have been produced and submitted to the company, etc., If the company has issued cheque in the name of the deceased, proper documents might not have been submitted. If death in the course of employment and if WC is applicable the claim is to be settled through WC commissioner only. Also under EPF, the EPS pension and EDLI insurance amount would become payable to the legal heirs.
Regards
M.Venkatraghavan
From India, Selam
Regards
M.Venkatraghavan
From India, Selam
In such a case, the issue that needs to be borne is as follows:
1. Who has paid the premium - is it the company or the employee. Do note in case the premium was being recovered from the employees salary.
2. Was there a nominee declared or not
An ombudsman will not be of much help at this stage or in this case.
Often there arises a dispute on the legal heir of the deceased employee and the employer doesn't want to take the onus of / running the risk of litigation. Such cases are common in instances where on one hand you have a spouse and on the other hand you have parent (s). The companies would then issue the cheque in favour of the employee and let the family sort out the issue. If this be the case, do write in and perhaps I can suggest further what you can do.
Regards, Deepak
From India, New Delhi
1. Who has paid the premium - is it the company or the employee. Do note in case the premium was being recovered from the employees salary.
2. Was there a nominee declared or not
An ombudsman will not be of much help at this stage or in this case.
Often there arises a dispute on the legal heir of the deceased employee and the employer doesn't want to take the onus of / running the risk of litigation. Such cases are common in instances where on one hand you have a spouse and on the other hand you have parent (s). The companies would then issue the cheque in favour of the employee and let the family sort out the issue. If this be the case, do write in and perhaps I can suggest further what you can do.
Regards, Deepak
From India, New Delhi
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Circular Dated 28-10-2016 for settlement of PF Death Case Claims within 7 days.pdf